[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Notices]
[Pages 63201-63202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25812]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-691]
In the Matter of Certain Inkjet Ink Supplies and Components
Thereof; Notice of Commission Decision Not To Review an Initial
Determination Terminating the Investigation as to Claims 7 and 10 of
U.S. Patent No. 6,089,687 and Claims 2 and 3 of U.S. Patent No.
6,264,301 and Finding a Violation of Section 337; Schedule for
Submissions on Remedy, Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 18) issued by the presiding administrative law
judge (``ALJ'') terminating the investigation as to claims 7 and 10 of
U.S. Patent No. 6,089,687 and claims 2 and 3 of U.S. Patent No.
6,264,301 and finding a violation of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, in this investigation.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3042. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street, SW., Washington, DC
20436, telephone (202) 205-2000. General information concerning the
Commission may also be obtained by accessing its Internet server
(http://www.usitc.gov). The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: This investigation was instituted on October
29, 2009, based upon a complaint filed by Hewlett-Packard Company of
Palo Alto, California (``HP'') on September 23, 2009, and supplemented
on October 7, 2009. 74 FR 55856 (Oct. 29, 2009). The complaint alleged
violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in
the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain inkjet
ink supplies and components thereof that infringe certain claims of
U.S. Patent Nos. 6,959,985 (``the '985 patent''); 7,104,630 (``the '630
patent''); 6,089,687 (``the '687 patent''); and 6,264,301 (``the '301
patent''). The complaint named as respondents Zhuhai Gree Magneto-
Electric Co. Ltd. of Guangdong, China (``Zhuhai''); InkPlusToner.com of
Canoga Park, California (``InkPlusToner''); Mipo International Ltd. of
Kowloon, Hong Kong (``Mipo International''); Mextec Group, Inc. d/b/a
Mipo America Ltd. of Miami, Florida (``Mextec''); Shanghai Angel
Printer Supplies Co. Ltd. of Shanghai, China (``Shanghai Angel'');
SmartOne Services LLC d/b/a InkForSale.net of Hayward, California
(``SmartOne''); Shenzhen Print Media Co., Ltd. of Shenzhen, China
(``Shenzhen Print Media''); Comptree Ink d/b/a Meritline, ABCInk, EZ
Label, and CDR DVDR Media of City of Industry, California
(``Comptree''); Zhuhai National Resources & Jingjie Imaging Products
Co., Ltd. of Guangdong, China (``Zhuhai National''); Tatrix
International of Guangdong, China (``Tatrix''); and Ourway Image Co.,
of Guangdong China (``Ourway'').
On February 17, 2010, the Commission determined not to review an ID
(Order No. 9) finding seven respondents, Mipo International, Mextec,
Shanghai Angel, Shenzhen Print Media, Zhuhai National, Tatrix, and
Ourway in default pursuant to Commission Rule 210.16. On March 19,
2010, the Commission determined not to review an ID (Order No. 11)
terminating the investigation as to respondent Comptree based upon a
settlement agreement. Also on March 19, 2010, the Commission determined
not to review an ID (Order No. 12) terminating the investigation as to
respondent Zhuhai based upon a consent order. On March 31, 2010, the
[[Page 63202]]
Commission determined not to review an ID (Order No. 13) terminating
the investigation as to respondent InkPlusToner based upon a settlement
agreement. On June 7, 2010, the Commission determined not to review an
ID (Order No. 14) terminating the investigation as to respondent
SmartOne based upon a settlement agreement.
On June 3, 2010, the Commission determined not to review an ID
(Order No. 17) terminating the investigation as to the '985 patent and
the '630 patent.
On June 17, 2010, HP filed an unopposed motion pursuant to
Commission Rule 210.21(a) to withdraw all allegations related to claims
7 and 10 of the '687 patent and claims 2 and 3 of the '301 patent from
the complaint, and to terminate the investigation with respect to those
claims.
On May 7, 2010, HP moved for summary determination on the issues of
domestic industry, importation, and violation of section 337. Pursuant
to Commission Rule 210.16(c)(2), 19 CFR 216(c)(2), HP also stated that
it was seeking a general exclusion order and a cease and desist order
against Mextec. On June 2, 2010, the Commission investigative attorney
submitted a response in support of a finding that a domestic industry
exists and that the defaulting respondents, Mipo International, Mextec,
Shanghai Angel, Shenzhen Print Media, Zhuhai National, Tatrix, and
Ourway have violated section 337 by infringing claims 6 and 9 of the
'687 patent and claims 1, 5, and 6 of the '301 patent.
On August 30, 2010, the presiding administrative law judge issued
the subject ID, Order No. 18, granting: (1) HP's motion to terminate
the investigation as to claims 7 and 10 of the '687 patent and claims 2
and 3 of the '301 patent, and (2) HP's motion for summary determination
of violation of section 337 with respect to the defaulting respondents.
He also recommended a general exclusion order, a cease and desist order
directed to domestic respondent Mextec, and a 100 percent bond to
permit importation during the period of Presidential review.
No petitions for review were filed. The Commission has determined
not to review the subject ID.
In connection with the final disposition of this investigation, the
Commission may (1) Issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent(s) being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, the party should so indicate
and provide information establishing that activities involving other
types of entry either are adversely affecting it or are likely to do
so. For background, see In the Matter of Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843
(December 1994) (Commission Opinion).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) The
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: The parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Such submissions should address the recommended
determination by the ALJ on remedy and bonding. Complainants and the IA
are also requested to submit proposed remedial orders for the
Commission's consideration. Complainants are also requested to state
the dates that the patents expire and the HTSUS numbers under which the
accused products are imported. The written submissions and proposed
remedial orders must be filed no later than close of business on
Thursday, October 28, 2010. Reply submissions must be filed no later
than the close of business on Thursday, November 4, 2010. No further
submissions on these issues will be permitted unless otherwise ordered
by the Commission.
Persons filing written submissions must file the original document
and 12 true copies thereof on or before the deadlines stated above with
the Office of the Secretary. Any person desiring to submit a document
to the Commission in confidence must request confidential treatment
unless the information has already been granted such treatment during
the proceedings. All such requests should be directed to the Secretary
of the Commission and must include a full statement of the reasons why
the Commission should grant such treatment. See 19 CFR 210.6. Documents
for which confidential treatment by the Commission is sought will be
treated accordingly. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in sections 210.42-46 and 210.50 of the Commission's Rules of Practice
and Procedure (19 CFR 210.42-46 and 210.50).
By order of the Commission.
Issued: October 7, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-25812 Filed 10-13-10; 8:45 am]
BILLING CODE 7020-02-P